# 22
III-7.5180
July 31, 1992
DJ 202-PL-225
Mr. Steven John Fellman
Galland, Kharasch, Morse & Garfinkle, P.C.
Canal Square
1054 Thirty-First Street N.W.
Washington, D.C. 20007-4492
Dear Mr. Fellman:
This is in response to your letter on behalf of your client,
the National Association of Theatre Owners (NATO), regarding the
application of the public accommodations sections of the
Americans with Disabilities Act (ADA) to motion picture theaters.
Your letter specifically addressed three issues of concern to
NATO: the elevator exemption as applied to mezzanines in
theaters; aisle slopes of theater aisles not serving an
accessible part of an accessible route; and line of sight as
related to floor slope.
The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that are subject
to the Act. This letter provides informal guidance to assist you
in understanding the ADA accessibility standards. However, this
technical assistance does not constitute a legal interpretation
of the application of the statute to NATO or theater owners and
it is not binding on the Department.
In buildings that qualify for the elevator exemption,
elevator access is not required to the mezzanine level of a movie
theater. In addition, if the theater is part of a shopping
center or shopping mall, and the theater mezzanine is not part of
a floor level housing at least one sales or rental establishment,
the mezzanine is not considered part of the shopping center or
shopping mall, as defined in section 36.401(d)(1)(ii)(B) of the
ADA title III regulations, and does not have to be accessible by
elevator.
Section 4.33 of the ADA Accessibility Guidelines requires
that wheelchair locations in movie theaters adjoin an accessible
route that also serves as a means of egress. Any aisle or
portion of an aisle that serves as an accessible route to a
wheelchair location must comply with all of the requirements in
the ADA Accessibility Guidelines for accessible routes including
4.3 Accessible Route and 4.8 Ramps. Under circumstances where
wheelchair seating will be located adjacent to a portion of an
aisle that serves as an accessible means of egress, then other
portions of that aisle and other aisles that do not serve the
accessible wheelchair locations are not required to comply with
the requirements for ramps. ADA does not specify the location of
the accessible means of egress. Therefore, the accessible means
of egress from wheelchair locations can be through the rear, the
side, or the front of the theater.
We agree that further discussion of the exception to section
4.33.3 of the guidelines relating to sight lines would be
appropriate. If you wish to arrange for a meeting on this issue,
please contact Philip L. Breen, Special Legal Counsel, at (202)
616-7526.
Sincerely,
John L. Wodatch
Director
Office on the Americans with Disabilities Act